two sides are still talking. >> reporter: good morning, michelle. a representative did come out and say the two sides are well deep into negotiations. no deal yet. good news with commuters was no bart strike today. as we mentioned with the two sides are still in the middle of their talks. shortly after 1:0 this morning. >> the bargaining has produced constructive and productive progress. and i am authorized by the parties to say they are prepared to continue negotiations through the night. >> wouldn't take any more questions but did stick around to give another bit of good news for commuters. >> at the request of the

federal mediation and conciliation service and all of our concern about the public interest, i'm authorized to announce the trains will run tomorrow. >> bart management gave unions a take it or leave it offer over the weekend putting talks to a skraeching halt. the unions responded yesterday with a counter proposal. the district stood firm in final numbers. >> reporter: some kind of shift took place overnight. reporting live, cate caugurian kpix 5. >> the alternatives for getting around the bart strike may be limited to carpooling. hov lane enforcement will be extended from 5 a.m. to 7 p.m. on 80, 680, 880 and 92 and 84. and ferry service will be beefed up in oakland, san francisco, al media, alameda harbor bay.

check out our strike is your viefsh al guide on kpix.com. >> if you are hoping to catch a bus, that could be difficult too this week. ac transit union issued a 72 hour strike notice which hits thursday at midnight. mark kelly with more on this developing story. mark, good morning. >> reporter: good morning, frank. this looming bart strike has been hard enough on commuters. now out of the blue ac transit has given its 72 hour notice to strike thursday morning. we talked with one woman who says this is really messing up her commute. >> another major transportation system in the bay area is threatening to strike. come thursday morning, ac transit buses could come to a halt. that's a big inconvenience to riders like alisa. >> i'm left in limbo twice. >> she takes bart and the bus. working from home is not an option and losing ac transit is

a blow. >> i work for the tender loin after school program. >> there's no way you can work from home? >> not at all. i'm in it from 9:30 in the morning to 6:00 at night. >> the timing couldn't be worse. we asked ac transit why strike at the same time bart is threatening the same action. >> it could be a coincidence but it is not tied with the bart negotiations. the bart negotiations are totally separate from the negotiations that ac transit and local 192 have. >> but for commuters they feel left out in the cold with limited ways to get around. >> especially cause tomorrow is my birthday. but bigger picture, it impacts a lot of people and the bridge will be backed up which is pretty new. hopefully the boats don't break on theirs. >> reporter: so frank, we

reached out to management at ac transit for a comment on this strike. >> tell us who is this strike going to affect the most? >> reporter: it will be the folks in alameda and contra costa counties. and of course, for folks that rely on that bus. and this is just a double whammy. they would really not like to have at this time. >> if you live in the east bay, tough sledding. mark kelly live for us in san francisco. thanks. >> 4:34. let's get a check on the roads with elizabeth. >> everything looks good. nothing's on strike today . everything is quiet on the roads. your morning commute should be an after thought today. not a horrendous commute. so here's a live look outside today. bridge toll plaza. everything was clear in all the approaches as well. everything is in the green. not seeing much yellow. speeds under 40 miles per hour.

westbound 92 so far moving along the flat section. only 13 minutes out of hayward heading towards foster city. here's a live look at the nimitz. northbound 880 approaching embarcadero. everything should be picked up by 5:00. here's a live look at more popular drive times. coming down the carquinez bridge. our big story, bart. everything is on time. and all mass transit is good to go. muni, cal train and ace train number one. that is your latest traffic. for more on your forecast. >> i know you love this weather. going to have great weather around the bay area. all the way to the coastline. nice to see indeed. plenty of sunshine outside. a little cool to start. in fact, some of the overnight lows dropping off well

down into the 40s. but mostly clear skies. out over san francisco right now and all around the bay. gentle breeze. little breezy over the hount an tops. it is 41 and chilly in santa rosa. 54 in san francisco. and 52 in oakland. by the afternoon though , plenty of sunshine. even out towards the beaches. a few more 70s along the coast. 77 in san francisco. and 79 degrees in san jose. that's the latest. back to you. >> all right . thank you. work is expected to resume at the new 49er's stadium. everything came to an abrupt halt yesterday after a delivery man was killed. a forklift was unloading rods when a bundle of rebar fell on the man. 60-year-old edward lake jr died at a hospital. >> at first it was shock but then it's tragic. we had a

fellow co-worker lose their life. and i think it's pretty emotional. >> this is the second construction related death at the stadium site. back in june, an elevator installer was crushed by a counter weight. >> efforts to wipe out disease carrying mosquitos are underway. we're not talking about the west nile. the yellow fever mosquito found. vector control trapped three carrying the disease along with 14 infected larvi. no reports of humans contracting yellow fever. >> on capitol hill, the senate could vote to reopen the government and avert a u.s. default. the agreement would fund the government through january 15th and raise the debt ceiling. republicans would get

a new policy for obamacare. any deal must still be approved by the house. >> a deal appears imminent. the government shut down caused a lot of damage. julie on the consumer watch to shut down proof your finances. >> it's not as big an impact. >> not at all. >> so far the shut down is ana knowance. we're all disappointed. in terms of my life, nothing. >> economists say that may be about to change. >> a lot of people considered this a dc political issue. but the ramifications are far more widespread than that. >> the longer the federal shut down drags on, the more people will notice the impact. some are already dealing with small business loans, tax returns. before long, he expects all consumers will feel the shut down.

>> we can see all types of consumer rates from credit cards to mortgages to auto loans increasing in cost as well as volatility in the market. >> first, maximize your emergency fund. cut back on spending now and save as much as possible. we should always be prepared for a great recession. also, if you are worried about cash flow, apply for additional credit now even if you never end up using it. not only will it soon take longer but it's possible interest rates will rise. and on that note, now is the time to consolidate credit cards. >> if you have existing date on a variable rate, consolidate that with a fixed rate. >> just a few simple steps consumers can take to control the impact of the federal shut down since clearly they have no control. >> the government should function like a government. >> congress needs to get their act together.

>> that was julie watts reporting. the shut down will cost the economy as much as $300 million each day. head to kpix.com and click links and numbers. >> 4:40 now. a teenager gives a drunk friend a ride home. why did her high school punish her for being the designated driver? >> the material girl is banned. who is asking her not to ever come back? that's coming up next. ,,,,,,,,,,

they say no good deed goes unpunished. and some days it seems true. but we keep on doing the things that matter& like buying new raspberry 5 hour energy. from now to the end of the year, a portion of each sale... benefits living beyond breast cancer, to empower women affected by breast cancer. new raspberry 5 hour energy. it's one good deed that will go just right. to appear before a new york judge. c-b-s news reporter duncan on the questions lin to al-qaeda. happening today, terror suspect liby is scheduled to appear before a judge. jack duncan on the questions linking him to al-qaida. >> reporter: expected to be arraigned in u.s. federal court this morning. he had been under indictment for more than a decade on charges he helped plan the bombings that killed more than 220 people.

ten days ago, grabbed him in a military raid. cia and fbi counter terrorism experts questioned him aboard a u.s. navy ship. they pressed the 49-year-old about intelligence and potential attack plans. federal officials say he did answer some questions but cut short interrogation after he refused food and water. officials have identified as hepatitis c. sources say he was part of bin laden's circle in the mid 90s and likely the master mind behind the training manual. >> a federal law enforcement official and two other officials say he arrived in new york on saturday. they plan to keep him in military custody for weeks to

continue questioning him. >> some new allegations of snooping by the nsa. intelligence collected 700,000 emails and books in a single day last year. nsa defends tactics. and has no interest in ordinary american activities. >> a texas theater chain has banned madonna after hearing she was texting during the new york film festival. until she apologizes to movie goers, she is not welcome. the chain has a strict no talking and no texting policy. admits his ban won't affect her very much. so far she has not commented. i don't know. do you think she cares? >> i don't think she's losing sleep. >> doesn't she have a theater in her home? >> hey, great weather coming our way. a lot of sunshine to

the coastline. the off-shore winds are blowing. the fire danger going to stay minimal. out there right now high pressure overhead and as it continues to roll in, more components of wind. so skies nice and clear over san francisco right now. the temperatures a little chilly in spots. 49 in livermore. 41 in santa rosa. 51 in san jose and 54 in san francisco. as we head throughout the day, mostly sunny skies all day long. nice and warm. even out at the beaches, could see some temperatures in the 70s. this gets to be that time of year where we start to look for the first few storms. winds not a big problem so far. for the most part, fairly calm. that's that off shore wind. we're going to see more of that today and through tomorrow and then things begin to change. we'll see cooler temperatures on

the way. and around our bay today, gorgeous weather. 76 in milpitas. 70s along the coast. 80s in the valley s. and temperatures in the 70s. next couple days, warmer. and start to cool down with clouds on thursday. more cooling as we head in toward the weekend. let's check on your traffic with elizabeth. >> we'll take you out to tracy approaching the mountain house exit. we have a pretty bad problem. it is a traffic alert. an overturned garbage truck . no serious injuries but they are blocking the right lane. everything else free and clear. no delay out towards the dublin inter change. here's a live look at the bay bridge. nothing can go wrong. the bart strike is not happening today. all trains are on time. cars are able to use the bay bridge. just fine with no delay.

anywhere you go. here's cars heading our direction. they should have four southbound lanes open. and yes bart is on time. more than 20 trains in fact are good to go. that is your latest traffic. back to you. >> all right. thank you. bart trains are rolling as management and unions hash out a contract. salaries aren't the only thing they can't agree on. there's a lot more to it than money. >> reporter: from the union's perspective, they are not just upset about details in the contract. they are also angry about the way bart management has been treating them. they want to revisit some of the work rules. bay area commuters are not thrilled about a strike. but bart says it's necessary to talk because some of the work rules are out of date. >> if you have been faxing a report to people, we can't ask

you to email it any more without a mutual agreement. >> bart says train operators don't even work a full shift. only make two round trips. about 4.5 hours of work but still get paid full 8 hours. also from now on bart says it wants to pay overtime only after 40 hours. >> currently, you can call in sick or not show up on a day you are scheduled to work and come in on a day off and get overtime. >> it's a shame to see him come out here only to speak about jamming a deal down the union's throat. >> also focused on bart management's behavior. a constant attitude of disrespect. >> it bothers our members when they get vilified in the press. people are going to be upset with that. with 400,000 trips per day, everybody should be offended. >> kpix 5. >> for more updates on

negotiations throughout the day, check out our strike survival guide on kpix.com. >> 4:49 now. a new state law is giving parents new information to help keep their kids out of trouble. the governor signed a bill to be notified once children are at it. the idea here is to improve access to intervention services. >> gives parents the knowledge and power to intervene while there's still time. >> children as young as 10 are included in the database. can also be only accessed by law enforcement agencies. a teenager was trying to do the right thing. >> bree says now the massachusetts girl is being punished for being the designated driver. >> she did what she thought was right and i'm proud of her for that. >> it's tough for -- suspended

from five games in her senior year. this isn't a trouble making kid. >> we've raised our girls to be kind, loyal, compassion nate and always be in. >> she was proud to hear her daughter came to a friend's need. >> she goes to a party because someone says can you take me home. i want to go home. she gets there and minutes later the police show up. >> when the high school heard about the party, they didn't think what she did was admirable. they were in violation of zero tolerance policy. >> lawyer wendy murphy is trying to get the decision reversed. >> you don't want the friend to say sorry i can't help you i might end up in trouble. >> things didn't go the way the

family hoped. >> neither the school district nor lawyer are talking. but the family hopes the school will listen to the group of supporters including her teammates. >> the government shut down may have made its way into the fridge. which food should be on radar for extra inspection. >> plus, the best and worst tricks and treats for your child's teeth ahead of halloween. ,,,,,,,,,,,,,,

been happening. so bloggers are offering advice on what the government shut down made fda food inspections haven't been happening. blockers are offering advice on what foods you might want to avoid. imported shrimp out of southeast asia. considered a red flag food that's supposed to be inspected. talapia from china. and take special care to

wash fruits and vegetables and leafy greens. and cook all eggs. >> a link between pregnancy and pollution. and the battle of the bulge in the white house. looks at some of the day's top health stories. >> spanish researchers say a small amount of air pollution can increase the risk of having low birth weight baby. found the higher the exposure to air pollution, the higher the chance the child would be born under weight. a new study finds children are better off getting a first dose at 12 to 15 months instead of waiting until they are older. kids who receive their first shot were more likely to experience side affects. kids received two vaccines. the centers for disease control recommends 12 to 15 months. the second between 4 and 6 years old.

and an article in internal medicine details how william taft reached out to a physician for diet advice. letters exchanged between the two men revealed a detailed diet plan that called for lean meats, fish, fruits and vegetables. documented his daily weight, eventually losing 60 pounds. researchers say the letters were written as obesity started to be considered a serious health condition. and those are some of the day's top health stories. cbs news, new york. >> so with the trick or treating holiday, a new list of the best and worst kinds of treats. delta dental says avoid the sticky chewy candy. what's better for your kid snz plain chocolate. it melts quickly. you can opt for sugar free gum and loli pop s. >> i'm taking note.

4:55 right now. jolted awake. quakes rock the east bay overnight. the latest on the aftershocks. >> reporter: and we're live in oakland where bart and unions are at the negotiating table. trains will be running today. the details when we return. ,,,,,,,,,,,, the great american novel.

so you can happily let life get in the way, while planning for tomorrow.

so you can finish the great american novel banking for the life you have investing for the life you want chase. so you can october 14th. i'm frank mallicoat. because of all of our concern about the public interest, i'm authorized to announce the trains will run tomorrow. >> no deal yet but bart trains are running this morning as negotiations continue. >> the bargaining has produced some constructive and productive progress. and i am authorized by the parties to say they will continue negotiations through the night. >> come thursday morning, ac transit could come to a halt. >> ac transit issued a 72 hour strike notice after rejecting

two contract proposals. hundreds of people are shaken up in the middle of the night after a small quake in the berkeley hills. one person is dead and two others injured after a shooting. from across the bay to around the world, the stories that matter on kpix 5 news this morning. >> hi, everyone. good morning. tuesday october the 14th . i'm frank mallicoat. >> i'm michelle griego. time now is about 5:00. >> we have breaking news on the bart contract talks. yes, again, the trains are rolling while a marathon negotiation session continues overnight. kpix 5 reporter cate caugurian is at the cal trans headquarters. they are still inside; right? >> reporter: yes, they are. about a half an hour ago we saw the chief negotiator walk out. she did not make any comment to the media. we do know both sides are still well into their negotiation talks and not stopped since yesterday afternoon. >> the midnight deadline had

passed and all signs were pointing to another bart strike. then shortly after 1:00 this morning. >> the bargaining has produced some constructive and productive progress. and i am authorized by the parties to say they are prepared to continue negotiations through the night. >> federal mediator wouldn't take any more questions but did stick around to give good news for commuters. >> at the request of the federal mediation and conciliation service and because of all of our concerns about the public interest, i'm authorized to announce the trains will run tomorrow. >> all signs were pointing to a strike after bart management gave unions a take it or leave it offer over the weekend putting talks to a skraeching halt. the unions responded with a counter proposal. the district stood firm in final numbers. >>